11.1 What is the purpose of this chapter? This chapter
provides policy and operational guidance for implementing the Intergovernmental
Personnel Act (IPA) mobility program within the Fish and Wildlife Service.

11.2
To whom does this chapter apply?

A. Career or
career-conditional employees including career appointees in the Senior Executive
Service, individuals under appointments of equivalent tenure in excepted
service positions including presidential management interns, or an individual
employed for at least 90 days in a career position with a State, local, or
Indian tribal government; institution of higher education; or other eligible
organization.

B. Non-career employees
including excepted service, noncompetitive, time-limited, temporary, or term
appointments are excluded from participating in the IPA mobility program.

11.4
What is the IPA mobility program? This program allows for the temporary
assignment of Service employees to State and local governments, institutions of
higher education, Indian tribal governments, and other eligible organizations.
The program also allows for the temporary assignment of employees from the
aforementioned organizations to the Service. IPA's should not be used to cover
assignments to meet personal interests of employees, to circumvent personnel
ceilings, or to avoid unpleasant personnel decisions.

11.5
What "other organizations" are eligible to participate? The IPA regulations
(5 CFR 334) specify and define what "other organizations" are
eligible to participate. In order for these "other organizations" to
be eligible to participate in the IPA mobility program, they must be certified by the
Department of the Interior.

11.6
How are "other organizations" certified?

A. To obtain
certification, the supervisor must submit a written request containing the
following information through the servicing human resources IPA coordinator to
the Headquarters Division of Human Resources:

(1) Articles of
incorporation.

(2) Bylaws.

(3) IRS nonprofit
statement.

(4) Any other
information describing the organization's activities as they relate to the
public management concerns of governments or universities.

B. Federally-funded
research and development centers listed on the National Science Foundation's
master list are eligible to enter into IPA assignments without further
approval. Contact your IPA coordinator in your servicing human resources office
to find out which are listed.

11.7
Who is responsible for implementing the IPA mobility program?

A.The Director has overall
responsibility for the IPA mobility program within the Service.

B.The Assistant Director - Budget,
Planning and Human Resources provides for the effective
administration of the IPA mobility program within the Service.

C.The Chief, Division of Human Resources,
develops and maintains the Service's IPA mobility program operational guidance,
provides guidance to servicing human resources offices and the Headquarters
Human Resources Branch, and clarifies new and existing policies and directives.
The Chief, Division of Human Resources is also responsible for providing
information on IPA assignments for inclusion in the monthly report to Congress.

D.Regional Directors; Chief, Law
Enforcement; and Assistant Directors ensure the proper
management of the IPA mobility program and approve all IPA assignments within
their area.

E.Regional Human Resources Officers and
Chief, Branch of Headquarters Human Resources provide guidance
to supervisors, managers, and employees concerning the proper use of the IPA
mobility program, ensure that assignments are appropriately documented, and
forward copies of all approved IPA assignments to the Headquarters Division of
Human Resources for inclusion in the monthly report to Congress.

11.8
What is the purpose of an IPA assignment?To
help facilitate cooperation between the Service and non-Federal organizations.
It may be used to strengthen management capabilities, assist in the transfer
and use of new technologies and approaches to solve governmental problems,
involve State and local officials in developing and implementing Service
policies and programs, and provide program and developmental experience that
will enhance the assignee's performance in his/her regular job.

11.9
How long can an individual be on an IPA assignment? An individual can be
on a single IPA assignment for up to 2 years, and it may be extended for an
additional 2 years at the request of management when the extension will be to
the benefit of both organizations. The supervisor may not send or receive an
employee who has been on a single IPA assignment for 4 continuous years without
at least a 12-month return to the employer of record. Successive assignments
without a break of at least 60 calendar days are regarded as continuous service
under the mobility authority. There is a 6-year lifetime limitation on IPA
assignments for Federal employees. The Office of Personnel Management may waive
this provision upon written request of the Secretary.

11.10
Who pays and what costs are reimbursable?

A. Cost-sharing
arrangements for IPA assignments are based on the extent to which the
participating organizations benefit from the assignment. The organization that
benefits the most from the assignment should absorb the larger share of the
costs. Costs include basic pay, supplemental pay, fringe benefits, and travel
and relocation expenses. We may agree to pay all, some, or none of the costs
associated with an assignment.

B. Do not authorize
reimbursement of indirect or administrative costs associated with the
assignment. Other prohibited costs include tuition credits, office space,
furnishings, supplies, staff support, and computer time.

11.11
What travel expenses does the Service pay?

A. An employee,
including a non-Federal employee, on an IPA assignment is authorized payment of
travel expenses under the Federal Travel Regulations (41 CFR 300-302). We may
pay either a per diem allowance or limited relocation expenses at the
assignment for the period of the assignment but not both. Consider the cost to
the Service and the length of the assignment when determining whether to pay
limited relocation expenses or per diem allowances. Once the determination is
made, the employee's travel authorization and the IPA Assignment Agreement (OF-69), Part 12, Travel and Transportation
Expenses and Allowances, will reflect entitlements.

B. A per diem allowance
may only be paid for the individual on the assignment and should not be paid
for more than 1 year. Travel and per diem allowances are authorized for
official business away from the designated assignment duty station.

C. Limited relocation
expenses are for the travel and transportation of the employee's immediate
family and not for expenses associated with selling or purchasing a residence
or property management services while the employee is on assignment.

D. The employee must
sign a service agreement for 1 year or the length of the assignment, whichever
is shorter, to be eligible for payment of per diem at the assignment location
or limited relocation expenses. The employee will be responsible for repaying
any expenses if he/she fails to complete the service agreement, unless the
reasons for failing to complete the agreement are beyond his/her control.

11.12
How is an IPA assignment arranged? The primary considerations in initiating IPA
assignments are the benefits to the Service and the non-Federal organization.
IPA assignments are management-initiated. The assignment must be voluntary and
agreed to by the employee and must be implemented in writing as follows.

A. Complete an OF-69 (Assignment Agreement) and FWS Form 3-2265 (IPA Assignment
Summary Sheet). If we are paying more than 50 percent of the total costs of the
IPA assignment, you must also complete FWS
Form 3-2266 (IPA Profile Sheet).

B. All sections of the OF-69 must be completed in full (e.g., home
address, social security number, position title, position description if not
attached, signatures of the assignee and authorizing officials, etc.).

C. Information on the OF-69 must only reflect the conditions
negotiated for the current assignment. Agreements must not include information
about intentions for promotion, step increase, or an extension of the
assignment for more than 2 years. Hiring assignees at the end of the assignment
violates the intent of the law and the purpose of the program.

D. Extension of an
agreement must be indicated by completing a new OF-69 showing the dates of the earlier
assignment.

11.13
Who approves the IPA assignment?

A. Regional Directors,
Chief, Law Enforcement, and Assistant Directors approve all IPA assignments
within their areas of responsibility. If we are paying more than 50 percent of
the cost of the assignment and the employee is a GS-14 or above, or equivalent
in terms of salary if a non-Federal employee, the Director must be notified
prior to approval of the assignment.

B. The Deputy Assistant Secretary for Human
Resources must review and approve any agreement that is part
of, or the result of, a complaint resolution process, such as an equal
employment opportunity complaint, arbitration or other labor relations dispute
resolution process, court decision or order, and any agreement for SES members
or positions.

11.14
How are changes made to the IPA agreement? Any significant
changes in an individual's duties, responsibilities, salary, work assignment
location, or supervisory relationships should be recorded as a modification to
the original agreement. Minor changes such as salary increases due to annual
pay adjustments, changes in benefits due to revised coverage, and very
short-term changes in duties do not require a modification to the original
agreement.

11.15
How is an agreement terminated?

A. An assignment may be
terminated at any time at the option of the Service or non-Federal
organization. A 30-day notice should be given if the agreement is terminated
before the original completion date. This notification will be in writing and
should include the reasons for the termination.

B.An
IPA agreement must be terminated immediately whenever the employee is no longer
employed by his/her original employer.

11.16
What are my rights and benefits while on an IPA assignment to a non-Federal
organization?

A. Under the IPA authority,
you may be assigned on either a detail or leave without pay basis depending on
various factors such as the position and duties assigned to you and our
decisions concerning payment and expenses. In either case, you remain an
employee of the Service and retain your rights and benefits attached to that
status.

B. You may receive
within-grade increases and promotions, as well as increases in pay due to
across-the-board increases and increases in locality pay, and retirement,
health, and life insurance benefits while on an assignment. Additionally, you
may earn premium pay (such as Title V overtime pay; Fair Labor Standards Act
overtime pay; and night, Sunday, and holiday premium pay) for hours worked
under an IPA assignment. The Federal rate of pay should include any applicable
locality payment, special salary rate, cost-of-living allowance, or post
differential associated with the appropriate official duty station.

C. You can not earn less on an IPA assignment than what you would
have received in your Federal position, and if you are assigned to a federally
funded research and development center, your rate of pay may not exceed the
rate of pay you would have received in your Federal position.

11.17
What are my responsibilities prior to entering into an IPA assignment with a
non-Federal organization? You, in coordination with your supervisor
and assistant ethics counselor, where appropriate, must review the
conflict-of-interest laws and standards of conduct provisions and similar
standards maintained by non-Federal organizations. Any possible
conflict-of-interest, or appearance thereof, which may be inherent in the assignment should be resolved fully prior to the approval of
an assignment.

11.18
What is my obligated service requirement? As a condition of accepting
an assignment to a non-Federal organization, you must agree to return to the
Service upon completion of the assignment for a period equal to the length of
the IPA assignment. If you fail to carry out this agreement, you must reimburse
the Service for its share of the costs of the assignment (exclusive of salary
and benefits). The Secretary, or his or her designee, may waive reimbursement
for good and sufficient reason.

11.19
What happens after I complete an IPA assignment with a non-Federal organization? You return to duty
in the same position that you occupied when the assignment began or you are
reassigned to another position of like pay and grade level. If you were
promoted while on the assignment, you should be returned to the new position at
the completion of the assignment. If the return to duty is accompanied by a
geographic move, your total pay may be reduced because of a lower locality pay.
This is not an adverse action because locality pay is not basic pay in
determining adverse action procedures.

11.20
What is the status of a non-Federal employee while on an IPA assignment to the
Service?

A. This individual may
be given an excepted appointment or be assigned by detail. The supervisor must inform
the individual of the applicable Federal employee laws, Federal
conflict-of-interest laws, and the Federal tort claims statutes.

B. A non-Federal
employee who has been assigned to a Federal position either by detail or
appointment may exercise supervision over Federal employees.

C. Supervisors should
not offer permanent appointments to non-Federal employees on an IPA assignment.
The IPA mobility program is not to be used to facilitate career changes.

D. See 224 FW 3-6 for
guidance on recognizing a non-Federal employee.

11.21
What is the status of a non-Federal employee on a detail while on an IPA
assignment to the Service?

A. The non-Federal
employee remains an employee of his/her permanent organization for most
purposes. Detailees are not eligible to enroll in
Federal health benefits programs, group life insurance, or the Federal
Employees Retirement System. The individual may be assigned to an established,
classified position, or may be given a set of ad hoc, unclassified duties,
relevant only to the specific assignment.

B. An individual
assigned by detail to a classified position is entitled to earn the basic rate
of pay including locality payment which the duties of the assignment position
would warrant under the applicable classification and pay provisions of the
Service. If the individual's non-Federal salary is less than the minimum rate
of pay of the assignment position, then the supervisor must supplement the
salary to make up the difference. It cannot be paid in advance or in lump sum
and is not conditional on the completion of the full period of the assignment.
Supplemental pay may be paid directly to the employee or reimbursed to the
non-Federal organization.

C. An individual
detailed to a set of unclassified duties continues to be paid by the
non-Federal organization at a rate of pay based on his/her non-Federal job.

D.Detailees
are covered under their permanent employer's leave system. The assignment
agreement will specify how the permanent employer will be notified of leave
taken and how the use of leave will be approved.

11.22
What is the status of a non-Federal employee receiving an appointment while on
an IPA assignment to the Service?

A. A non-Federal
employee may be given an excepted appointment for 2 years without regard to the
provisions governing appointment in the competitive service. This appointment
may be extended for not more than an additional 2 years. Qualification
requirements for assignment positions should be established in accordance with
5 CFR 302, which governs employment in the excepted service.

B. The non-Federal
employee on assignment is a Federal employee for the duration of the
appointment and has all of the rights, benefits, and privileges associated with
that appointment.

C. An appointment of an
individual to an SES position must be accomplished via an SES limited term
appointment.

For information on the content of this chapter, contact the
Division of Human Capital. For more information regarding this Web page,
contact Krista Bibb, in the
Division of Policy and Directives Management.